July 8, 2016: Clinton blames other government officials for the classified information stored on her private server.

Wolf Blitzer (Credit: CNN)

Wolf Blitzer (Credit: CNN)

Clinton previously claimed she hadn’t sent or received any classified information via email, or that none of the emails contained information that was classified when they were sent. On July 5, 2016, FBI Director James Comey stated that over 100 emails contained information that was classified when Clinton sent or received them.

As a result, when she is asked about this by CNN journalist Wolf Blitzer, she changes her account again. “I think there are about 300 people in the government — mostly in the State Department but in other high positions in the government — with whom I emailed over the course of four years. They, I believe, did not believe they were sending any material that was classified.”

Blitzer notes that Comey said Clinton and her aides “should have known” that her emails were not secure. He asks Clinton, “Should you have known better?”

Clinton avoids a direct answer, and again blames other officials. “I just believe that the material that was being communicated by professionals, many with years of handling sensitive classified material, they did not believe that it was. I did not have a basis for second-guessing their conclusion, and these were not marked.”

Clinton also says that she now realizes her use of a private server was “the wrong choice.” (McClatchy Newspapers, 7/8/2016)

She makes very similar comments which blames other officials in various interviews given on the same day. The Washington Post comments, “The references to other government officials… represent a new line of defense in the long public debate over an issue that has led many voters to say they do not trust her.” (The Washington Post, 7/8/2016)

July 13, 2016: The State Department will eventually release the thousands of deleted work-related Clinton emails discovered by the FBI.

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Mark Toner (Credit: public domain)

Department spokesperson Mark Toner says, “We will appropriately and with due diligence process any additional material that we receive from the FBI to identify work-related records and make them available to the public. That’s consistent with our legal obligations.” He says he doen’t know how many emails will be released, or when, but he vows to be “as transparent as we possibly can and try to give a timeframe. But at this point, we just don’t know.”

A day earlier, the FBI said it would return all the deleted emails to the State Department to determine whether they were subject to Freedom of Information Act (FOIA) requests. On July 5, 2016, FBI Director James Comey said that investigators “discovered several thousand work-related” messages that were not included in the over 30,000 emails Clinton gave to the government in December 2014.  (The Hill, 7/13/2016)

July 21, 2016: The FBI begins sending thousands of recovered Clinton emails to the State Department.

According to Justice Department lawyers in a new court filing, on July 21, 2016, “the FBI began transferring the retrieved materials to the State Department, and will continue to transfer the retrieved materials to the State Department on a rolling basis.”

In late 2014, Clinton and her lawyers kept about 30,000 emails they deemed work related and deleted another 32,000 they deemed personal. The exact number of deleted emails that the FBI managed to recover or find from other sources has not been specified.

Some emails from Clinton aide Huma Abedin were also found, since one of her email accounts was stored on the same clintonemail.com private server as Clinton’s emails, but the number of recovered Abedin emails is unknown.

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Photo captured from video of Jason Leopold’s immediate response to the results of his Clinton Freedom of Information Act (FOIA) lawsuit. (Credit: Vice News)

The lawyers say they can’t estimate how long the transfer process will take. Once the State Department has the emails, those judged by the department to be work related will be made responsive to Freedom of Information Act (FOIA) requests. Those deemed genuinely personal may never be made public. (Politico, 7/22/2016)

Vice News reporter Jason Leopold has an existing FOIA lawsuit demanding the release of all of Clinton’s work-related emails. (The Wall Street Journal, 7/6/2016) (Jason Leopold, Video 7/23/16)

July 22, 2016: More details of Clinton’s twenty-two “top secret” emails are revealed; nine were written by Clinton and most of the rest were written by her aide Jake Sullivan.

As part of a Freedom of Information Act (FOIA) lawsuit by Vice News reporter Jason Leopold, the State Department reveals more information about seven chains of 22 “top secret” emails involving Clinton. (Curiously, FBI Director James Comey mentioned on July 5, 2016 that there actually were eight “top secret” email chains, but the eighth chain is not mentioned by the department.)

The contents of the emails remain totally classified, but previous media reports indicate that most of them discussed approval for covert CIA drone strikes in Pakistan, and some of them may have identified CIA operatives working undercover.

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A sample of the Vaughn Index form submitted by the State Department, in response to the Vice News Freedom of Information Act (FOIA) lawsuit. (Credit: public domain)

For the first time, the department reveals which years the emails were sent and who sent and received them. All the emails were from 2011 or 2012 – the State Department began to have a say in approving CIA drone strikes in 2011. Nine of the emails were written by Clinton, and the other thirteen were written by her aide Jake Sullivan. Two were also cc’d by Sullivan to her chief of staff Cheryl Mills and/or Deputy Secretary of State William Burns.

The State Department disclosure comes in the form of a “Vaughn Index,” which is a document used by government departments in FOIA lawsuits to justify the withholding of information under various FOIA exemptions. Vaughn Indexes contain at least some information about the withheld text, to justify keeping it redacted, but this one does not. Steven Aftergood, the director of the Project on Government Secrecy at the Federation of American Scientists, says that according to government regulations, “State’s document does not fulfill the requirements for a Vaughn index.” (Vice News, 7/22/2016) (The Hill, 7/22/2016)

August 11, 2016: Ethics experts say recently released emails indicate the spirit of Clinton’s pledges to keep the interests of the State Department and the Clinton Foundation was violated.

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Gilbert Chagoury (left) and Bill Clinton (right) attend a 2005 Pride of Heritage Banquet event in Beverly Hills, California. (Credit: ABC News)

Recently released Huma Abedin emails, from the time she was deputy chief of staff to Clinton, are widely reported in the mainstream media due to some emails that suggest possible conflicts of interest between the State Department and the Clinton Foundation. For instance, in an April 2009 email exchange between Clinton Foundation executive Douglas Band and Abedin, Band sought urgent access for Gilbert Chagoury, a Lebanese-Nigerian billionaire who donated between $1 million and $5 million to the foundation and pledged an additional $1 billion to the Clinton Global Initiative (CGI).

On January 5, 2009, just prior to becoming secretary of state, Clinton wrote in a formal letter to a State Department ethics official: “For the duration of my appointment as Secretary if I am confirmed, I will not participate personally and substantially in any particular matter involving specific parties in which The William J. Clinton Foundation (or the Clinton Global Initiative) is a party or represents a party, unless I am first authorized to participate.” Additionally, a December 2008 memo of understanding was signed between the Obama administration and the Clinton Foundation that also limited how Clinton and her staff could interact with the foundation to avoid conflict of interest problems.

Politico reports that the emails between Abedin and Band regarding Chagoury “is the latest in a succession of emails suggesting Clinton staffers violated the spirit, if not the letter, of the ethics agreement Clinton had signed just months earlier.” “Several ethicists” agree that the emails suggest violations of Clinton’s ethics agreements.

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Meredith McGehee (Credit: Twitter)

Meredith McGehee, policy director for the nonpartisan Campaign Legal Center, says that the actual language of the pledge is “not surprisingly, very lawyerly … [and] there is an argument to be made that Clinton herself has not violated what was in the pledge.” But she adds, “Whether she or her aides have violated the spirit of the pledge … yeah, of course they have. The notion of continuing contact between the Clinton Foundation and the State Department — that was not supposed to happen.”

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Craig Holman (Credit: public domain)

Craig Holman, who works for Public Citizen, a non-profit, consumer rights advocacy group, says: “The Clinton Foundation was taking money from anybody who would give it, and the biggest contributions were from people who had business before the State Department. They didn’t follow the pledge. … I don’t think anyone in the foundation sought to deliberately violate the pledge, I just don’t think they cared about it.” (Politico, 8/11/2016)

August 11, 2016: The State Department fails to answer questions about a possible conflict of interest involving the Clinton Foundation and Clinton’s chief of staff Cheryl Mills in June 2012.

In January 2016, Senator Charles Grassley (R), the chair of the Senate Judiciary Committee, sent a letter to Secretary of State John Kerry, asking about Cheryl Mills’ role in picking the next head of the Clinton Foundation by interviewing two candidates for that position on June 20, 2012. At the time, Mills was Clinton’s chief of staff in the State Department, and Clinton had vowed not to allow any action that even created the appearance of a conflict of interest between Clinton’s management of the State Department and the Clinton Foundation.

However, on August 11, 2016, CNN reports that Grassley still has received no official reply from the State Department.

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Scott Amey (Credit: public domain)

Scott Amey, an attorney for the Project on Government Oversight (POGO), says, “Congress has a rightful right to ask for any information that it wants to from the executive branch of government to keep track of them. And the government should be turning that information over. When you have a breakdown in that system, we have a breakdown in our democracy.”

CNN also asks the State Department if Mills had or needed permission from the department for the trip, or if anyone from the department was even aware of what she was doing. A department spokesperson doesn’t directly answer the question, except to say that Mills had the right to do what she wanted on her own time if it was strictly voluntary in nature. (CNN, 8/11/2016)

August 12, 2016: The State Department will release all of Clinton’s work-related emails recovered by the FBI.

In late 2014, Clinton sorted her emails into what she and her lawyers deemed work-related and personal, and then deleted over 31,000 of the “personal” emails. In the FBI investigation into her emails that concluded in July 2016, it was reported that “several thousand” of the personal emails were recovered or found through other people having copies, and many of these actually were work-related.

In a court filing, the State Department reveals that it is planning to release all of the emails it decides are work-related. The emails will be given to Judicial Watch, who have a number of on-going Freedom of Information Act (FOIA) lawsuits related to Clinton’s emails. However, it is unknown just how many emails were recovered and how many of those are work-related. It also is unknown how soon they will be released. Republican National Committee (RNC) chair Reince Priebus urges the department to release the emails before the November 2016 presidential election. (The Hill, 8/16/2016)

August 16, 2016: The FBI gives Congress some classified documents from its Clinton email investigation.

The documents include the FBI’s summary of the interview of Clinton on July 1, 2016, known as a 302.

The State Department wanted to review the 302 interview summaries first, but the FBI ignored that request. On July 7, 2016, FBI Director James Comey said when it came to documents relating to the FBI’s Clinton investigation, he was committed to delivering to Congress “everything I can possibly give you under the law and to doing it as quickly as possible.”

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Representative Adam Schiff (Credit: Michael Buckner / Getty Images)

Representative Adam Schiff (D) criticizes the move. “With the exception of the classified emails that had been found on the private server, I can see little legitimate purpose to which Congress will put these materials. Instead, as the now-discredited Benghazi Committee demonstrated, their contents will simply be leaked for political purposes. This will neither serve the interests of justice nor aid Congress in its responsibilities and will merely set a precedent for the FBI to turn over closed case files whenever one party in Congress does not like a prosecutorial decision. This has been done in the name of transparency, but as this precedent chills the cooperation of other witnesses in the future, I suspect the Department of Justice will later come to refer to it by a different name — mistake.”

The documents can be seen by members of Congress, but they are not allowed to publicly reveal any of it. An FBI spokesperson says, “The material contains classified and other sensitive information and is being provided with the expectation it will not be disseminated or disclosed without FBI concurrence.”

However, Senator Charles Grassley (R), chair of the judiciary committee, says, “On initial review, it seems that much of the material given to the Senate today, other than copies of the large number of emails on Secretary Clinton’s server containing classified information, is marked ‘unclassified/for official use.’ The FBI should make as much of the material available as possible.”

Clinton campaign spokesperson Brian Fallon also wants to see the material publicly release, saying, “This is an extraordinarily rare step that was sought solely by Republicans for the purposes of further second-guessing the career professionals at the FBI. We believe that if these materials are going to be shared outside the Justice Department, they should be released widely so that the public can see them for themselves, rather than allow Republicans to mischaracterize them through selective, partisan leaks.” (Politico, 8/16/2016)

August 18, 2016: Colin Powell allegedly recommended to Clinton that she should use a private email for non-classified communications.

The New York Times reports that Clinton mentioned this when she was interviewed by the FBI in July 2016. This account was included in the FBI’s notes about Clinton’s interview which was given to Congress on August 16, 2016. The content of notes are meant to be classified, but apparently someone in Congress leaked this account to the media.

In addition, the account is mentioned in an upcoming book about Bill Clinton written by journalist Joe Conason, who the Times calls “a longtime defender of the Clintons.”

According to Conason, the conversation took place in early 2009, several months after Clinton became secretary of state, and after she had already set up a private email server and was using a private email account for all her email communications. Clinton was at a dinner party hosted by former Secretary of State Madeleine Albright, which was also attended by former secretaries of state Colin Powell, Henry Kissinger, and Condoleezza Rice.

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Former Secretaries of State (from left to right), Henry Kissinger James Baker, Madeleine Albright, Colin Powell, Hillary Clinton and John Kerry attend a ceremony at the State Department in Washington, D.C., on September 3, 2014. (Credit: Jonathan Ernst / Reuters)

Conason writes, “Toward the end of the evening, over dessert, Albright asked all of the former secretaries to offer one salient bit of counsel to the nation’s next top diplomat [Clinton]. Powell told her to use her own email, as he had done, except for classified communications, which he had sent and received via a State Department computer. Saying that his use of personal email had been transformative for the department, he thus confirmed a decision she had made months earlier — to keep her personal account and use it for most messages.”

Additionally, Powell repeated the same advice in an email sent to Clinton around the same time, and after Clinton had already decided to use private email. Powell tells the Times that he has no recollection of the dinner conversation, but he does confirm sending an email giving that advice.

However, the Times notes that the situations between when Powell was secretary of state and when Clinton was had significant differences. When Powell took over the State Department, it did not have a computer system for sending unclassified emails. But such a system was set up by the time Clinton took over in 2009. Additionally, the department rules changed, prohibiting the use of a private email account as anyone’s main mode of email communication. Furthermore, Powell used the AOL (AmericaOnline) email service, which kept back-up copies of all emails, while Clinton used her own private server, which meant nobody kept backups except her. (The New York Times, 8/18/2016) (NBC News, 8/19/2016)

August 19, 2016: A judge rules that Clinton can respond to a deposition with written answers instead of being questioned in person.

Judge Emmet Sullivan, District Court for the District of Columbia, (Credit: Diego M. Radzinschi / The National Law Journal)

Judge Emmet Sullivan, District Court for the District of Columbia, (Credit: Diego M. Radzinschi / The National Law Journal)

Judicial Watch has been seeking to have Clinton deposed as part of a Freedom of Information Act (FOIA) lawsuit involving her emails. However, US District Court Judge Emmet Sullivan rules: “Judicial Watch’s argument that a deposition is preferable in this case because of the ability to ask follow-up questions is not persuasive. Given the extensive public record related to the clintonemail.com system, a record which Judicial Watch has acknowledged

Judicial Watch will be able to anticipate many follow-up questions. For those follow-up questions that Judicial Watch is unable to anticipate, it can move this Court for permission to serve additional interrogatories.”

Sullivan notes that due to legal precedents applicable to current and former Cabinet officials, he should only require Clinton to appear at a deposition if “exceptional circumstances” justify it.

Sullivan says he is still intent on finding out why Clinton’s private server was set up and whether there were other reasons beyond Clinton’s public claim of “convenience.” He also says it is important that she at least answer questions in writing about this because depositions of Clinton’s staff had shown that “her closest aides at the State Department do not have personal knowledge of her purpose in using the [server].”

Politico notes, “Technically, it is still possible one of several other judges considering similar cases could issue such an order [for Clinton to be deposed in person], but the clock may run out soon on efforts to force such an appearance in advance of the November [presidential] election.”

Judicial Watch also asked for the depositions of former State Department officials Clarence Finney and John Bentel.

Sullivan rejects the deposition of Finney, despite the fact that Finney’s job was to organize responses to FOIA requests. However, he does order the future deposition of Bentel. It has been reported that Bentel blocked other department employees from raising questions about Clinton’s use of her server. (Politico, 8/19/2016)

August 22, 2016: The State Department is ordered to review nearly 15,000 Clinton emails for public release, but it is unclear how many of these are previously unreleased work-related emails.

During the FBI’s Clinton email investigation, the FBI found some of Clinton’s over 31,000 deleted emails from when she was secretary of state. At the conclusion of the investigation in July 2016, FBI Director James Comey said the FBI “discovered several thousand work-related emails,” but is it uncertain exactly how many of these emails were found, either work-related or personal. The FBI has given the State Department a CD containing the found emails, and the department has said it will publicly release all the work-related ones.

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US District Judge James Boasberg (Credit: Diego M. Radzinschi / National Law Review)

In a court hearing presided by US District Judge James Boasberg on this day, it is revealed that the CD contains around 14,900 emails. Boasberg orders the State Department to review the emails for public release in response to various Freedom of Information Act (FOIA) lawsuits by Judicial Watch. However, it is still unclear if any of these are duplicates of the 30,000 Clinton emails already publicly released. Furthermore, it is unknown how many of the found deleted emails are personal and how many are work-related (aside from Comey’s vague “several thousand” emails comment).

In addtion, the FBI has given the State Department seven other CDs: one contains classified documents related to Clinton, another contains emails returned by Clinton, and the other five contain materials from other people that was retrieved by the FBI.

State Department spokesperson Mark Toner says, “We can confirm that the FBI material includes tens of thousands of non-record (meaning personal) and record materials that will have to be carefully appraised at State. State has not yet had the opportunity to complete a review of the documents to determine whether they are agency records or if they are duplicative of documents State has already produced through the Freedom of Information Act.”

Regarding the CD of Clinton emails, Toner says, “We still don’t have a full sense of how many of the 14,900 are new. Granted, that’s a healthy number there, so there’s likely to be quite a few.”

Republican National Committee (RNC) chair Reince Priebus comments, “The process for reviewing these emails needs to be expedited, public disclosure should begin before early voting starts, and the emails in question should be released in full before Election Day.” (Politico, 8/22/2016) (The Washington Post, 8/22/2016)

On September 23, 2016, it will be revealed that 5,600 of the 14,900 recovered emails are deemed work-related.

August 24, 2016: Half of the private citizens who met with Clinton while she was secretary of state donated to the Clinton Foundation.

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New York Post cover on August 24, 2016. (Credit: New York Post)

The Associated Press publishes an article based on an analysis of Clinton’s schedule while she was secretary of state. The article begins: “More than half the people outside the government who met with Hillary Clinton while she was secretary of state gave money – either personally or through companies or groups – to the Clinton Foundation. It’s an extraordinary proportion indicating her possible ethics challenges if elected president. At least 85 of 154 people from private interests who met or had phone conversations scheduled with Clinton while she led the State Department donated to her family charity or pledged commitments to its international programs, according to a review of State Department calendars released so far to the Associated Press. Combined, the 85 donors contributed as much as $156 million. At least 40 donated more than $100,000 each, and 20 gave more than $1 million.”

The analysis doesn’t include US or foreign government officials. The Associated Press notes that “Clinton met with representatives of at least 16 foreign governments that donated as much as $170 million to the Clinton charity, but they were not included in AP’s calculations because such meetings would presumably have been part of her diplomatic duties.” Furthermore, three years ago, the Associated Press filed a Freedom of Information Act (FOIA) lawsuit for Clinton’s daily schedules and so far has only received full data for the first two years of Clinton’s four years as secretary of state. Thus, only those two years were analyzed.

The Associated Press comments: “The meetings between the Democratic presidential nominee and foundation donors do not appear to violate legal agreements Clinton and former president Bill Clinton signed before she joined the State Department in 2009. But the frequency of the overlaps shows the intermingling of access and donations, and fuels perceptions that giving the foundation money was a price of admission for face time with Clinton.”

Clinton spokesperson Brian Fallon complains that the article is unfair, saying, “It is outrageous to misrepresent Secretary Clinton’s basis for meeting with these individuals.” He also calls it “a distorted portrayal of how often she crossed paths with individuals connected to charitable donations to the Clinton Foundation.”

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Pictured from left to right Daniel Abraham (Credit: public domain), Muhammad Yunas (Credit: public domain), Stephen Schwarzman (Credit: public domain), Nancy Mahon (Credit: Imeh Akpanudosen / Getty Images)

The article cites several examples of Clinton Foundation donors whom Clinton met with, including:

  • Daniel Abraham, a billionaire behind the Slim-Fast diet and founder of the Center for Middle East Peace.
  • Muhammad Yunus, a Bangladeshi economist who won the 2006 Nobel Peace Prize for his work with microcredit loans for poor business owners. Despite his positive reputation, at the time Clinton met with him, it was known he was under investigation by the Bangladeshi government for diverting tens of millions of donated dollars, and he was ultimately forced to resign from the board of the Grameen Bank, the microcredit bank he had helped found.
  • Stephen Schwarzman, chair of the Blackstone Group.
  • Nancy Mahon, who runs MAC AIDS, the charitable arm of MAC Cosmetics, which is owned by Estee Lauder.

However, the article doesn’t cite any clear examples of unethical behavior. State Department officials say they are not aware of any department actions influenced by the Clinton Foundation. Department spokesperson Mark Toner says there are no prohibitions against department contacts with “political campaigns, nonprofits or foundations – including the Clinton Foundation.”

Republican presidential nominee Donald Trump complains, “Hillary Clinton is totally unfit to hold public office. It is impossible to figure out where the Clinton Foundation ends and the State Department begins. It is now abundantly clear that the Clintons set up a business to profit from public office.” (The Associated Press, 8/24/2016)

August 30, 2016: The New York Times advocates that Bill and Chelsea Clinton should cut all ties to the Clinton Foundation if Hillary wins the presidency, and the foundation should ban all foreign and corporate donations immediately.

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Chelsea, Hillary and Bill Clinton (Credit: Lucas Jackson / Reuters)

The New York Times‘ editorial board publishes an editorial entitled “Cutting Ties to the Clinton Foundation.” It doesn’t go as far as a recent USA Today editorial advocating that the Clintons completely cut their ties to the Clinton Foundation if Hillary Clinton wins the presidency in November 2016. However, it argues that the steps the Clintons recently announced to distance themselves from the foundation if Hillary wins are not enough.

The editorial states, “‘Pay-to-play’ charges by [Republican presidential nominee] Donald Trump have not been proved. But [recently released] emails and previous reporting suggest Mr. Trump has reason to say that while Mrs. Clinton was secretary [of state], it was hard to tell where the foundation ended and the State Department began.”

The Times suggests that the foundation should “ban contributions from foreign and corporate entities now. If Mrs. Clinton wins, Bill and Chelsea Clinton should both end their operational involvement in the foundation and its affiliates for the duration of her presidency, relinquishing any control over spending, hiring, and board appointments. … Achieving true distance from the foundation is not only necessary to ensure its effectiveness, it is an ethical imperative for Mrs. Clinton.” (The New York Times, 8/30/2016)

August 30, 2016: The State Department says that around 30 Clinton emails discovered by the FBI could relate to Benghazi.

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US District Judge Amit Mehta (Credit: public domain)

US District Court Judge Amit Mehta is presiding over a Freedom of Information Act (FOIA) lawsuit initiated by Judicial Watch regarding the public release of information relating to the 2012 terrorist attack in Benghazi, Libya. The FBI recently gave the State Department almost 15,000 previously unknown Clinton emails, so Mehta wants to know if any of them relate to Benghazi.

State Department spokesperson John Kirby says, “Using broad search terms, we have identified approximately 30 documents potentially responsive to a Benghazi-related request. At this time, we have not confirmed that the documents are, in fact, responsive, or whether they are duplicates of materials already provided to the department by former Secretary Clinton in December 2014.” The department says it will need until the end of September 2016 to review the 30 or so emails and redact any classified information in them.

However, Mehta doesn’t understand why it would take the department so long to process so few emails. He orders the department to return in a week to try to justify the processing time.

Starting in mid-2014, Clinton was specifically asked for all her emails related to Benghazi, months before she was asked for all her work-related emails in general. The Benghazi-related emails were the first of her emails to be released, in early 2015.

Jason Miller, senior communications adviser for Republican presidential nominee Donald Trump, says, “Clinton swore before a federal court and told the American people she handed over all of her work-related emails. If Clinton did not consider emails about something as important as Benghazi to be work-related, one has to wonder what is contained in the other emails she attempted to wipe from her server.” (The Hill, 8/30/2016)

September 2, 2016: The FBI provides statistics on the number of Clinton’s classified emails, but those numbers diverge wildly from the State Department’s numbers.

The FBI Clinton email investigation’s final report, released on this day, details how many of Clinton’s emails were deemed classified, and when, and at what level. This data is according to FBI and Intelligence Community (IC) classification reviews, which is different from a State Department review mentioned below:

  • 81 email chains containing approximately 193 individual emails were classified at the “confidential,” “secret,” and “top secret” levels at the time the emails were drafted on unclassified systems and sent to or from Clinton’s personal server.
  • Of the 81 email chains classified at the time they were sent, 68 remain classified.
  • Twelve of these email chains, classified at the “confidential” or “secret” levels, were not included in the over 30,000 emails turned over by Clinton in December 2014. Apparently, no “top secret” emails were in this category.
  • Thirty-six of the 81 email chains were classified at the “confidential” level.
  • Thirty-seven of the chains were at the “secret” level.
  • Eight of the chains were at the “top secret” level.
  • Out of the eight “top secret” chains, seven chains contained information associated with a Special Access Program (SAP), and three email chains contained Sensitive Compartmented Information (SCI). One “top secret”/SCI email was later downgraded to a current classification of “secret.”
  • Thirty-six of the 81 classified email chains were determined to be Not-Releasable to Foreign Governments (NOFORN) and 2 were considered releasable only to Five Allied partners (FVEY) – the US, Britain, Canada, Australia, and New Zealand.
  • Sixteen of the email chains, classified at the time the emails were sent, were downgraded in current classification by Intelligence Community (IC) agencies.
  • By contrast, the State Department’s FOIA process identified 2,028 emails currently at the “confidential” level and 65 currently at the “secret” level, for a total of 2093 emails.

The FBI report further notes: “Of these emails, FBI investigation identified approximately 100 emails that overlapped with the 193 emails (80 email chains) determined through the FBI classification review to be classified at the time sent. All except one of the remaining 2,093 emails were determined by the State FOIA process to be ‘confidential’, with one email determined to be ‘secret’ at the time of the FOIA review. State did not provide a determination as to whether the 2,093 emails were classified at the time they were sent.”

It is unclear why the FBI and IC numbers are so different from the State Department numbers when it comes to “confidential” level emails. The FBI and IC identified 36 of the 81 email chains were classified at the “confidential” level, while the State Department identified 2,028 emails at the “confidential” level. And while one cannot compare email chains to emails, all 81 classified emails chains only contained 193 individual emails, so the 36 “confidential” chains must contain fewer emails than that.

Furthermore, the FBI found an additional 17,000 emails to the over 30,000 work-related emails Clinton gave to the State Department, and it appears these largely haven’t been analyzed. It hasn’t even been reported how many of them are work-related. (Federal Bureau of Investigation, 9/2/2016)

September 2, 2016: Clinton often told an aide to forward Blumenthal’s emails to the White House and others, but the FBI was unable to prove this actually happened.

In the FBI’s Clinton email investigation final report released on this day, the FBI discusses the at least 179 “intelligence memos” Clinton confidant Sid Blumenthal emailed to Clinton. Media reports indicate that some memos were accurate and some were totally inaccurate, but none of them were vetted by any US government official, because Blumenthal was and is a private citizen with no security clearance sending the emails directly to Clinton.

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An email in which Clinton wanted Sullivan to send a Blumenthal email to Obama, without mentioning who it was from. (Credit: public domain)

According to the FBI report, “Clinton often forwarded the memos to [her aide Jake] Sullivan, asking him to remove information identifying Blumenthal as the originator and to pass the information to other State employees to solicit their input. According to emails between Clinton and Sullivan, Clinton discussed passing the information to the White House, other [US government] agencies, and foreign governments.”

However, the report also mentions that the FBI was unable to determine if any of the memos were actually sent to such recipients, because the State Department didn’t give the FBI any of Sullivan’s emails sent to anyone other than Clinton. (Federal Bureau of Investigation, 9/2/2016) (Department of State, 2/29/16)

September 15, 2016: More information about the emails between Clinton and Obama is made public.

Hillary Clinton and Barack Obama (Credit: public domain)

Hillary Clinton and Barack Obama (Credit: public domain)

While Clinton was secretary of state, she exchanged 18 emails with President Obama from her private email account. All information about these emails has remained classified. But some details are finally released due to a Freedom of Information Act (FOIA) lawsuit by Vice News.

All of the emails were exchanged between May 18, 2012 and January 31, 2013. Obama sent eight emails to Clinton, and the other ten were from Clinton to Obama. None of the emails appear to contain highly sensitive or classified information, but instead are thank you notes, holiday greetings, and the like.

All of the emails were withheld under presidential privilege and privacy act and deliberative process exemptions to the FOIA. The new details are formally submitted in  what is called a Vaughn Index, a document prepared for FOIA lawsuits in which government departments justify the withholding of information. (Vice News, 09/15/16) (Vicc News, 09/15/16)

In February 2016, it was reported there were 19 emails between Clinton and Obama, not 18. It is unclear if the Vaughn Index is missing one or if the report of 19 emails was off by one.

 

September 19, 2016: Bill Clinton says that some Clinton Foundation donors expected favors.

Former President Bill Clinton says of the Clinton Foundation in an interview, “Well, since we had more than 300,000 donors, it would be unusual if nobody did [try to get favors]. … Maybe some of them gave money for that reason, but most of them gave it because they liked what we were doing.”

He adds, “It was natural for people who’ve been our political allies and personal friends to call and ask for things. And I trusted the State Department wouldn’t do anything they shouldn’t do, from a meeting to a favor.” (NPR, 9/19/2016)

September 19, 2016: A judge gives the State Department a tongue-lashing over its slow response to FOIA requests.

US District Court Judge Richard Leon criticizes the State Department over what he calls “foot-dragging” regarding Freedom of Information Act (FOIA) requests relating to Clinton’s tenure as secretary of state.

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US DC District Court Judge Richard Leon (Credit: public domain)

Leon warns Justice Department lawyers, “You have a client that, to say the least, is not impressing the judges on this court, myself included. … It is in your client’s interest to start being more obviously cooperative. The State Department is at risk of being perceived as obstreperous. [They] need to get with the program.”

The hearing is due to a FOIA lawsuit trying to force the release of documents on whether Clinton and her aides were trained to handle classified information. The State Department propose a deadline of October 17, 2016 to produce about 450 unclassified documents relating to the issue sought by the Daily Caller.

However, Leon orders the department to process and release of the records by October 10, 2016. (Politico, 09/19/16)

 

September 23, 2016: The FBI has recovered 5,600 of Clinton’s deleted emails, but only about 10 percent of those will be released before the presidential election.

US District Judge James Boasberg (Credit: public domain)

US District Judge James Boasberg (Credit: public domain)

US District Judge James Boasberg orders the State Department to finish publicly releasing about 1,000 pages of  Clinton’s emails recovered by the FBI by November 4, 2016, just four days before the US presidential election. When Clinton turned over 55,000 pages of emails in December 2014, that totaled 30,000 emails, so if the same ratio holds, that would mean between 500 and 600 emails. Due to an on-going Freedom of Information Act (FOIA) lawsuit by Judicial Watch, the State Department will release 350 pages of emails by October 7, 350 pages by October 21, and another 350 by November 4. After that, it will produce 500 pages a month.

In late July 2016, the FBI gave the State Department 15,000 emails that had been recovered by the FBI out of Clinton’s 31,000 deleted. For the first time, it  is revealed that about 9,400 of these have been deemed purely personal by the department, which means they will not ever be publicly released. That means there are about 5,600 work-related emails to be reviewed and released. But roughly half of those may be largely duplicates of emails that have already been released. For instance, Clinton was often send emails to aides she wanted printed out for later reading, and would merely comment “Please print,” or she would forward an email to an aide without comment.

It is estimated only about 10 percent of the Clinton work-related emails recovered by the FBI will be made public before the election. Tom Fitton, president of Judicial Watch, complains, “The public deserves to know what is in those emails, well before November 8, and the State Department should not continue dragging its feet on producing them.” (The New York Times, 9/23/2016)

October 30, 2016: 650,000 emails have allegedly been recently discovered by the FBI, many belonging to Huma Abedin, though many could be duplicates or unrelated.

Abedin and Weiner at the Metropolitan Museum of Art Costume Institute Gala in May, 2016. (Credit: Reuters)

On October 28, 2016, FBI Director James Comey announced at least a partial reopening of the Clinton email investigation due to newly discovered evidence, but initial media accounts conflicted over what exactly was found. On this day, the Wall Street Journal reports: “Investigators found 650,000 emails on a laptop that they believe was used by former [Representative] Anthony Weiner and his estranged wife Huma Abedin, a close Clinton aide, and underlying metadata suggests thousands of those messages could have been sent to or from the private server that Mrs. Clinton used while she was secretary of state, according to people familiar with the matter.”

The Journal claims that although the FBI has received a search warrant since Comey’s announcement so the agents involved with the FBI’s Clinton email investigation can look at the newly discovered emails, “It will take weeks, at a minimum, to determine whether those messages are work-related from the time Ms. Abedin served with Mrs. Clinton at the State Department; how many are duplicates of emails already reviewed by the FBI; and whether they include either classified information or important new evidence in the Clinton email probe.”

The emails “stretched back years,” and were found a computer laptop previously unknown by the Clinton email investigation. “Many of the 650,000 emails” are from Abedin’s email accounts, according to anonymous sources. Metadata shows that “many messages, apparently in the thousands,” were either sent to or from Clinton’s private email server. (Both Abedin and Clinton had email accounts hosted on the server.)

The Journal also depicts a long-standing dispute between the FBI, wanting to aggressively pursue leads, and the Justice Department, which often fails to give the FBI the legal approval to do so. (The Wall Street Journal, 10/30/2016)

November 1, 2016: The FBI never asked Clinton’s aides for all their computers and mobile devices.

Politico reports that the FBI never asked Clinton’s top aides for their computers and mobile devices as part of the FBI’s Clinton email investigation. An unnamed source familiar with the investigation says, “No one was asked for devices by the FBI.”

Because the investigation didn’t have subpoena power, it could only ask for people to cooperate, or make immunity deals with them. The FBI did make an effort to get Clinton’s computers and mobile devices, and made immunity deals with Clinton lawyers Cheryl Mills and Heather Samuelson to get their computer laptops, but FBI requests didn’t go much beyond that.

Bob Goodlatte (Credit: Bill O'Leary / Getty Images)

Bob Goodlatte (Credit: Bill O’Leary / Getty Images)

Bob Goodlatte (R), chair of the House Judiciary Committee, says, “The more we learn about the FBI’s initial investigation into Secretary Clinton’s unauthorized use of a private email server, the more questions we have about the thoroughness of the investigation and the administration’s conclusion to not prosecute her for mishandling classified information.”

Politico suggests that the FBI might not have asked for what Clinton’s aides possessed because of a focus on Clinton and her server and mobile devices. “It’s also possible the FBI or prosecutors elected not to demand all the Clinton aides’ computers and other electronics because doing so might have triggered a legal battle that could have slowed the probe.”

The issue about what Clinton’s aides may have possessed came to the fore after the FBI reopened the Clinton email investigation after emails belonging to top Clinton aide Huma Abedin were discovered on a computer owned by her estranged husband Anthony Weiner. In an April 2016 FBI interview and then in a public deposition in a Freedom of Information Act (FOIA) lawsuit in June 2016, Abedin said she gave her lawyers all devices she thought might contain State Department-related emails. However, it appears no government entity ever asked for any of her devices, so her lawyers never gave them up to anyone.

Abedin was asked for all her work-related emails from her time in the State Department in another FOIA lawsuit, but not the computers or devices the emails were stored on.

The same appears to be true for other top Clinton aides like Cheryl Mills, Jake Sullivan, Bryan Pagliano, and others, with the few exceptions noted above.(Politico, 11/1/2016)